The following is a summarized version of a hard copy memorandum originally sent to the 
campus community in October 2001. If you wish to view the original document, 
click on this link. http://www.lehigh.edu/~iniao/DeptSoftware.html


MEMORANDUM

Date:     November 30, 2001

To:       All Full-time and Part-time Faculty and Staff

From:     Frank Roth, Bruce Taggart and Walter Conway

Subject:  Computer Software - Copyright Law Compliance

Federal law strictly prohibits the unauthorized copying or unlicensed
use of copyrighted computer software. Without permission from the
copyright owner of the software, copying and using software
constitutes copyright infringement and subjects the violator to civil
liability, including significant fines, and possible criminal
liability.

Pursuant to federal copyright laws, computer software companies have
recently begun auditing colleges and universities to determine their
usage of unlicensed software and their compliance with copyright law.
Following a software audit by the Business Software Alliance (BSA),
Temple University recently settled infringement claims by paying a
fine in the amount of $100,000. The BSA represents many major software
vendors including Microsoft, Apple, and Adobe, and it continues to
pursue software audits of higher education institutions and
businesses.

The University must ensure that its usage of computer software is in
compliance with federal copyright laws. In the coming months, Internal
Audit, in conjunction with IR and General Counsel, will be performing
precautionary and preventive software license audits to confirm that
departments are taking appropriate steps to maintain software licenses
and records and to monitor their copyright compliance.

Please be advised of the following:

   * Although Information Resources (IR) retains site licenses for
     many common software packages for the University as a whole, IR’s
     administrative responsibility for software ends with the common
     packages IR supplies. Departments, faculty, and staff are
     responsible for proof of licensure for software purchased
     independently from IR.

   * Maintaining records of software purchases is critical. Do not
     assume software is "freeware," or that software licensed for one
     computer can be installed on many computers.

The burden is on the purchaser of the software to prove software is
appropriately licensed for each computer terminal from which it can be
used. The following are examples of documentation that can be used to
demonstrate the authorized possession and use of copyrighted software:

   * Sales order/invoice receipts and packing slips specifying the
     product(s) and quantity purchased.
   * A letter from the manufacturer or publisher stating the specific
     software accompanying the computer as part of the purchase of the
     hardware.
   * Purchase Orders that the Purchasing Department has approved and
     processed.
   * Software Site License Agreement and/or Software Site Licensing
     Program Summary of Order that shows the customer number assigned.
   * Unexpired License Agreement for shareware or freeware.

Other documentation that does not include the above information must
be evaluated on a case-by-case basis.

If you have any questions, please contact Walter Conway, IS Auditor,
at extension 8-5013 or via e-mail at wac2.